Subject to the provisions of these rules, qualifying
service of a Government servant shall commence from the date he takes charge of the post
to which he is first appointed either substantively or in an officiating or temporary
capacity :

Provided that officiating or temporary service is
followed without interruption by substantive appointment in the same or another service or
post :

Provided further that -

(a)

in the case of a Government servant in a Group `D' service or
post who held a lien or a suspended lien on a permanent pensionable post prior to the 17th
April, 1950, service rendered before attaining the age of sixteen years shall not count
for any purpose, and

(b)

in the case of a Government servant not covered by clause
(a), service rendered before attaining the age of eighteen years shall not count, except
for compensation gratuity.

*(c)

the provisions of clause (b) shall not be
applicable in the cases of counting of military service for civil pension
under Rule 19

(1) The service of a Government servant shall not
qualify, unless his duties and pay are regulated by the Government, or under conditions
determined by the Government.

(2) For the purposes of sub-rule (1), the
expression "Service" means service under the Government and paid by that
Government from the Consolidated Fund of India or a Local Fund administered by that
Government but does not include service in a non-pensionable establishment unless such
service is treated as qualifying service by that Government.

(3) In the case of a Government servant belonging
to a State Government, who is permanently transferred to a service or post to which these
rules apply, the continuous service rendered under the State Government in an officiating
or temporary capacity, if any, followed without interruption by substantive appointment,
or the continuous service rendered under that Government in an officiating or temporary
capacity, as the case may be, shall qualify :

Provided that nothing contained in this sub-rule shall apply to any
such Government servant who is appointed otherwise than by deputation to a service or post
to which these rules apply.

(1) Counting
half of the service paid from contingencies with regular service. - Under Article
368 of the CSRs (Rule 14) periods of service paid from contingencies do not count as
qualifying service for pension. In some cases, employees paid from contingencies are
employed in types of work requiring services of whole-time workers and are paid on monthly
rates of pay or daily rates computed and paid on monthly basis and on being found fit
brought on to regular establishment. The question whether in such cases service paid from
contingencies should be allowed to count for pension and if so, to what extent has been
considered in the National Council and in pursuance of the recommendation of the Council,
it has been decided that half the service paid from contingencies will be allowed to count
towards pension at the time of absorption in regular employment subject to the following
conditions, viz. :-

(a)

Service paid from contingencies should have been in a job
involving whole-time employment (and not part-time for a portion of the day).

(b)

Service paid from contingencies should be in a type of work
or job for which regular posts could have been sanctioned, e.g., malis, chowkidars,
khalasis, etc.

(c)

The service should have been one for which the payment is
made either on monthly or daily rates computed and paid on a monthly basis and which
though not analogous to the regular scale of pay should bear some relation in the matter
of pay to those being paid for similar jobs being performed by staffs in regular
establishments.

(d)

The service paid from contingencies should have been
continuous and followed by absorption in regular employment without a break.

(e)

Subject to the above conditions being fulfilled, the
weightage for past service paid from contingencies will be limited to the period after 1st
January, 1961, for which authentic records of service may be available.

[G.I., M.F., O.M. No. F. 12 (1)-E. V/68, dated the 14th May, 1968.]

It has been decided that half the service paid from contingencies
will be allowed to be counted for the purpose of terminal gratuity as admissible
under the CCS (TS) Rules, 1965, where the staff paid from contingencies is subsequently
appointed on regular basis. The benefit will be subject to the conditions laid down in OM,
dated the 14th May, 1968, above.

(2) Counting
of service rendered in Central Government autonomous bodies before their take-over by
Central Government. - 1. A question has been raised whether the
service rendered in the Central Government autonomous bodies prior to their being taken
over by the Central Government and who later on joined the service under the Central
Government with or without break, can be allowed to be counted towards pension under the
Central Government rules. At present service rendered in the Central Government autonomous
bodies which are taken over by the Central Government is allowed to be counted towards
pension only in respect of those employees of the Central autonomous bodies who were in
the service of those bodies at the time of their being taken over by the Central
Government, subject to the condition that the retirement benefits, if any, available to
the employees in respect of the service rendered in the autonomous body are made over to
the Central Government. The service rendered in the autonomous body in respect of those
employees who were not in position at the time of the take-over of the bodies by the
Central Government is not allowed to be counted towards pension.

2. It had been represented that this is causing
great hardship to the concerned employees who in some cases had considerable length of
service in such bodies. This question has, therefore, been carefully considered and it has
been decided that the service rendered in the Central autonomous bodies by the employees
who left the service of those bodies any time prior to their take-over by the Central
Government, and who later on joined service under the Central Government, with or without
break, will be allowed to be counted towards pension and/or gratuity to the extent
admissible under the rules at the time such persons retire or retired from Government
service, the period of break, if any, being condoned. This will, however, be subject to
the condition that the gratuity/employer's contribution received in respect of the service
rendered in the autonomous bodies will be refunded to the Government with simple interest
at the rate of six per cent per annum from the date of receipt to the date of refund.

3. It has also been decided that in relaxation of
the relevant rules, the orders above will be applicable in the case of the following
categories of the employees referred to above :-

(i)

Those who are still in service of the Central Government.

(ii)

Those who have retired from service, but are still alive and
are receiving pension on the basis of the service rendered under the Government of India
only.

(iii)

Those who have retired from service and are still alive, but
did not receive any pension due to non-counting of the service rendered in the autonomous
bodies prior to their joining the service under the Central Government.

(3) No
allocation of pensionary liability between Department of Central Government. - The
rules in regard to allocation or sharing of the liability on account of pensionary charges
of Government servants with service under more than one Department among the Departments
of the Government of India including Railways, Posts and Telegraphs and Defence
Departments contained in Appendix 3-B-II and B-IV to Account Code, Volume I, have been
under review of the Government of India for some time. After consideration of the various
issues and keeping in view the need for simplifying inter-departmental adjustments it has
been decided to dispense with the system of allocation of pension. The liability for
pension including gratuity will be borne in full by the Department to which the Government
servant permanently belongs at the time of retirement. No recovery of proportionate
pension need be made from other Central Department under whom he had served.

It has been decided to extend the above provisions to the Union
Territory Governments with or without legislature. Accordingly, there will be no
allocation of leave salary/pension contribution among Central Government departments
including Railways, P & T, Defence and Union Territory Governments with or without
legislature.

Clarification. - The term pension may be treated as including
interim/ad hoc relief on pension for the above purpose.

The above provision shall also cover cases of all Government
servants (temporary/quasi-permanent/permanent), who have rendered technical resignation on
their selection for service in another department (including Railways/P & T/Defence
Departments) within the Government of India and hence the question of allocation of
pension (or incidence of leave salary) between such Departments would not arise.

(4) Allocation
of leave salary and pension contribution between Central and State Governments and between
two State Governments dispensed with. - 1. The Government of
India appointed a Committee to review the existing General Financial Rules and Treasury
Rules and Account Code, Volume I and to make conceptual suggestions for their revision so
as to simplify and rationalise these rules. The Committee in Chapter 5 of its Second
Report has examined the existing system of allocating the liability on account of leave
salary and pensionary charges of the Government servants who have served under the Central
Government and State Governments as contained in Appendix 3-B-II and B-IV to Account Code,
Volume I and made the following recommendations :-

(a)

The practice of realising leave salary contributions may be
dispensed with altogether as this is a very small fraction of amounts payable to State
Governments on account of deputation of their officers to the Central Government.

(b)

Recovery of leave/pension contributions in respect of
inter-State transactions, which must be few and far between and could be given up.

(c)

In regard to pensionary liability the Central Government may
forgo any contribution recoverable from State Governments and to whom Central Government
Officers are deputed.

(d)

In lieu of Central Government liability towards pension of
State Government Officers (mainly All India Service Officers) who are deputed to Centre
for varying spells an ad hoc grant payable to each State Government may be worked out at
the beginning of the financial year and disbursed to them in one lump sum as Grant-in-aid
(Non-Plan) on the basis of a simple formula which takes into account cadre strength, and
average length of deputation of All India Service Officers to Central Government.

2. Pursuant to the above, it has been decided in consultation with
the State Governments to dispense with the system of allocation of leave salary and
pension between Central and State Governments as specified below :-

(a)

Leave Salary. - The existing system of allocation or sharing
of the liability on account of leave salary contributions by Central Government to State
Governments or vice versa will be dispensed with. The liability of leave salary will be
borne in full by the Department from which the Government servant proceeds on leave,
whether it be his parent Department or a borrowing Department with whom he is on
deputation.

(b)

Pension. - The liability for pension including gratuity will
be borne in full by the Central/State Department to which the Government servant
permanently belongs at the time of retirement. No. recovery of proportionate pension will
be made from Central/State Government under whom he had served.

(c)

Contributory Provident Fund. - The liability for Government
contributions will be borne by the Parent Department of the Central or State Government
and no share of contributions will be recovered from any borrowing Department.

3. It has also been proposed to extend the above provisions to
exchange of officers between two State Governments. Accordingly, there will be no
allocation of leave salary/pension contribution among the Departments of the various State
Governments.

4. These orders will take effect from 1-4-1987 and will apply to all
cases of leave salaries with pensions sanctioned on or after that date.

5. This issues with the concurrence of the Comptroller and
Auditor-General of India vide his UO No. 114-AC. I/163-86, Vol. II, dated 3-10-1986.

Clarification. - References are being received from Union
Ministries/Departments as also the State Governments in regard to the applicability of the
above OM to Government employees (temporary/permanent), moved from Central Government to
State Governments and vice versa in terms of the Department of Per. & AR, OM No. 3
(20)/Pen. (A)/79, dated 31-3-1982 The matter was taken up with the Ministry of
Personnel, Public Grievances and Pension (Department of Pension and Pensioners' Welfare),
who have since clarified this point as under -

"The Controller-General of Accounts, OM No. 14 (5)/86/TA/1929,
dated 9-10-1986, seeks to dispense with the system of sharing pension liability between
Centre and State Governments as contemplated in Appendix 3-B-IV of Account Code, Volume I.
It would, therefore, be naturally applicable to all cases where the system of
apportionment of pension liability was in vogue prior to its issue, i.e., in respect of
both permanent and temporary employees of the Central/State Government, as the case may
be."

(5) Counting of
temporary service under the State/Central Governments. - 1. The
Government of India have been considering in consultation with the State Government, the
question of sharing on a reciprocal basis, the proportionate pensionary liability in
respect of those temporary employees who had rendered temporary service under the Central
Government/State Governments prior to securing posts under the various State
Governments/Central Government on their own volition in response to advertisements or
circulars, including those by the State/Union Public Service Commissions and who are
eventually confirmed in their new posts. It has since been decided in consultation with
the State Governments that proportionate pensionary liability in respect of temporary
service rendered under the Central Government and State Governments to the extent such
service would have qualified for grant of pension under the rules of the respective
Government, will be shared by the Governments concerned, on a service share basis, so that
the Government servants are allowed the benefit of counting their qualifying service both
under the Central Government and the State Governments for grant of pension by the
Government from where they eventually retire. The gratuity, if any, received by the
Government employee of temporary service under the Central or State Governments will,
however, have to be refunded by him to the Government concerned.

2. The Government servants claiming the benefit of combined service
in terms of the above decision are likely to fall into one of the following categories :-

(1)

Those who having been retrenched from the service of
Central/State Governments secured on their own employment under State/Central Governments
either with or without interruption between the date of retrenchment and date of new
appointment;

(2)

Those who while holding temporary posts under Central/State
Governments apply for posts under State/Central Governments through proper channel with
proper permission of the administrative authority concerned;

(3)

Those who while holding temporary posts under Central/State
Governments apply for posts under State/Central Governments direct without the permission
of the administrative authority concerned and resign their previous posts to join the new
appointments under State/Central Governments.

The benefit may be allowed to the Government servants in
categories (1) and (2) above. Where an employee in category (2) is required for
administrative reasons, for satisfying a technical requirement, to tender resignation from
the temporary post held by him before joining the new appointment, a certificate to the
effect that such resignation had been tendered for administrative reasons and/or to
satisfy a technical requirement, to join, with proper permission, the new posts, may be
issued by the authority accepting the resignation. A record of this certificate may also
be made in his service book under proper attestation to enable him to get this benefit at
the time of retirement. Government servant in Category (3) will obviously, not be entitled
to count their previous service for pension.

3. The above arrangement will not apply to the employees of the
Governments of Jammu and Kashmir and Nagaland.

4. These orders come into force with effect from the date of issue
and cases of all such Government servants retiring on this date and thereafter will be
regulated accordingly.

2. It has been observed in this connection that the position of All
India Service officers under the relevant rules is different. If State Government
employees are successful in the competitive examinations and are appointed to Indian
Administrative Service/Indian Police Service/Indian Forest Service, they get the benefit
of their past service for pension under Rule 8 (2) of the All India Services
(Death-cum-Retirement Benefits) Rules, 1958. In case such an officer allotted to the cadre
of a State different to the one in which temporary service has been rendered, such service
counts subject to the concurrence of the concerned State Government. As against this,
persons appointed to Central Service Group `A' like IA and AS, IRS, etc., do not get the
benefit of their past temporary service rendered in a State for pension. This position is
discriminatory. It has been decided that the service rendered by temporary State
Government servants who are appointed to Central Service Group `A' as a result of
competitive examination held by UPSC, will also count towards pension on the lines of the
concessions admissible in the case of All India Service officers as explained above. ***

3. The arrangements envisaged in para. 2 above will not apply to the
employees belonging to the State Governments of West Bengal, Madhya Pradesh, Tamil Nadu,
Tripura and Maharashtra as Governments of these States have not agreed to the arrangements
mentioned in para. 2 above.

(7) Counting
of service under State Governments - sharing of pension liability dispensed with. - The
orders contained in this Department's Letter No. 3 (20)/Pen. (A)/79, dated 31-3-1982
(Decision (6) above) and Ministry of Finance O.M. No. 3 (38) E. V (A)/74, dated
30-6-1976 lay down the procedure for counting of the service rendered by a Central
Government employee in State Governments. This reciprocal arrangement is, however, not
applicable in the case of certain specified State Governments.

2. A doubt has been expressed in the above context about the
applicability of the orders contained in Ministry of Finance O.M. No. 14(5)/86/TA/1029,
dated 9-10-1986 which dispenses with the sharing of pension and leave salary
liability between Central and State Governments. The matter has been considered in
consultation with the Ministry of Finance (Department of Expenditure), Controller-General
of Accounts. It is clarified that according to the provisions of Part-A (Introductory) of
Appendix 5 to Government Accounting Rules, 1990 the liability for pension including
gratuity should be borne in full by the Central/State Governments to which the Government
servant permanently belongs at the time or retirement. These provisions do not exempt any
State Government from the applicability of the reciprocal arrangement which dispenses with
sharing of pension liability. However, in the matter of processing proposals for counting
of service rendered by an employee in the State Government, the procedure laid down in
O.M., dated 31-3-1982 (Decision (6) above) and 30-6-1976 (Decision (7) above) would
continue to be followed.

3. Ministry of Defence, etc., are requested to clarify this position
to all concerned authorities under their administrative control.

(1) A person who is initially engaged by the
Government on a contract for a specified period and is subsequently appointed to the same
or another post in a substantive capacity in a pensionable establishment without
interruption of duty, may opt either :-

(a)

to retain the Government contribution in the Contributory
Provident Fund with interest thereon including any other compensation for that service ;
or

(b)

to agree to refund to the Government the monetary benefits
referred to in Clause (a) or to forgo the same if they have not been paid to him and count
in lieu thereof the service for which the aforesaid monetary benefits may have been
payable.

(2) The option under sub-rule (1) shall be
communicated to the Head of Office under intimation to the Accounts Officer within a
period of three months from the date of issue of the order of permanent transfer to
pensionable service, or if the Government servant is on leave on that day, within three
months of his return from leave, whichever is later.

(3) If no communication is received by the Head of
Office within the period referred to in sub-rule (2), the Government servant shall be
deemed to have opted for the retention of the monetary benefits payable or paid to him on
account of service rendered on contract.

Note : (Refer order on rate
of interest payable on delayed payment of DCRG and rate of interest chargeable
on refund of pensionary benefits already drawn, in connection with counting of
past service under CCS (Pension) Rules, 1972 and Department of Pension &
Pensioners’ Welfare OM No. 28/10/84-PU dated 29.8.1984 as amended from time to
time – reg.vide DP&PW
O.M. no. 38/34/2001-P&PW(F) dated 29-4-2002)

(1) A Government servant who, having retired on compensation pension
or invalid pension or compensation gratuity or invalid gratuity, is re-employed and
appointed substantively to a service or post to which these rules apply may exercise
option either -

(a)

to continue to draw the pension or retain the gratuity
sanctioned for his earlier service, in which case his former service shall not count as
qualifying service, or

the pension drawn prior to the date of re-employment shall
not be required to be refunded,

(ii)

the element of pension which was ignored for fixation of his
pay including the element of pension which was not taken into account for fixation of pay
shall be refunded by him,

(iii)

the element of pension equivalent of gratuity including the
element of commuted part of pension, if any, which was taken into account for fixation of
his pay shall be set off against the amount of 1[retirement
gratuity] and the commuted value of pension and the balance, if any, shall be refunded by
him.

EXPLANATION. - In this clause, the expression `which was taken
into account' means the amount of pension including the pension equivalent of gratuity
by which pay of the Government servant was reduced on initial re-employment, and the
expression `which was not taken into account' shall be construed accordingly.]

(2)

2(a)

The authority issuing the order of substantive appointment to
a service or post as is referred to in sub-rule(1) shall along with such order require in
writing the Government servant to exercise the option under that sub-rule within three
months of the date of issue of such order, or if he is on leave on that day, within three
months of his return from leave, whichever is later and also bring to his notice the
provisions of Clause (b).

If no option is exercised within the period referred to in
Clause (a), the Government servant shall be deemed to have opted for Clause (a) of
sub-rule (1).

(3) In the case of a Government servant who opts for Clause (a) of
sub-rule (1) the pension or gratuity admissible for his subsequent service is subject to
the limitation, that service gratuity, or the capital value of the pension and 1[retirement gratuity], if any, shall not be
greater than the difference between the value of the pension and 1[retirement gratuity] if any, that would be
admissible at the time of the Government servant's final retirement if the two periods of
service were combined and the value of retirement benefits already granted to him for the
previous service.

Note:- The capital value of pension shall be
calculated in accordance with the table prescribed by the President under the * Civil Pension (Commutation) Rules applicable at the time
of the second or final retirement.

(4)

(a)

A Government servant who opts for Clause (b) of sub-rule (1)
shall be required to refund the gratuity received in respect of his earlier service, in
monthly instalments not exceeding thirty-six in number, the first instalment beginning
from the month following the month in which he exercised the option.

(b)

The right to count previous service as qualifying service
shall not revive until
the whole amount has been refunded.

(5) In the case of a Government servant, who, having elected to
refund the gratuity, dies before the entire amount is refunded, the amount of unrefunded
gratuity shall be adjusted against the 1[death gratuity] which may become
payable to his family.

2. Cases can occur where a permanent Government servant
who has been granted invalid pension under Rule 38
or compensation pension on abolition of permanent post under Rule 39 of the CCS (Pension)
Rules, 1972, at a comparatively younger age, is re-employed subsequently and after
rendering temporary service of not less than 20 (now 10) years is either declared to be
permanently incapacitated for further service, or finally retires from service on
attaining the age of superannuation. Such a servant will become eligible to earn a second
pension in respect of his temporary service. A question arises whether such a person will
be eligible to exercise the option available to a re-employed pensioner under sub-rule (1)
of Rule
18 of the CCS (Pension) Rules, 1972, which is to be exercised by a re-employed
pensioner within three months of his confirmation in a permanent post. The exercise of
such option enables him either -

(a)

to continue to draw the pension (or to retain the gratuity
sanctioned for earlier service) in which case his former service shall not count as
qualifying service ; or

(b)

to cease to draw his pension and refund the pension and
pensionary equivalent of retirement benefits already drawn, in which case the previous
service will count as qualifying service.

The condition of holding a post in a substantive capacity for the purpose of
eligibility to pension having been relaxed in the case of a Government servant retiring on
superannuation pension or on being declared to be permanently incapacitated for further
service, after rendering temporary service of not less than 20 (now 10) years, the said
condition may also be deemed to be relaxed for the purpose of bringing such a person
within the ambit of Rule
18 of the CCS (Pension) Rules, 1972. Therefore a Government servant in receipt of
invalid or compensation pension in respect of his earlier service, if subsequently
re-employed in a pensionable post and retiring as aforesaid will be eligible to exercise
option under sub-rule (1) of Rule
18 of the CCS (Pension) Rules, 1972.

3. Re-employed Government servants, who in respect of the second
spell of their service have rendered 20 (now 10) years' temporary service before attaining
the age of superannuation or who expect to complete 20 (now 10) years' service at the time
of attaining the age of superannuation, shall be eligible to exercise option under
sub-rule (1) of Rule
18 of the CCS (Pension) Rules, 1972. If such a Government servant after exercising the
option but before attaining the age of superannuation, ceases to be in service for any
reason, the option exercised shall be treated as null and void. If the Government servant
concerned opts for the alternative (a) of sub-rule (1) of Rule
18 ibid, i.e., to continue to draw the pension (or to retain the gratuity) sanctioned
for his earlier service, he shall continue to draw pension for the earlier service in
addition to the pension earned for the second spell of service. If he opts for the
alternative (b) of sub-rule (1) of Rule
18 ibid, i.e., to cease to draw the pension or refund the gratuity, including the
retirement gratuity, if any, as the case may be, and to opt to count the previous service
as qualifying service, he will draw only one pension based on the sum total of his
previous qualifying service and the subsequent spell of service. The amount of pension
including gratuity, if any, to be refunded by the Government servant, shall be determined
by the Head of Office in accordance with the provisions of Clause (b) of sub-rule (1) of Rule
18 of the CCS (Pension) Rules, 1972.

4. The option referred to in the preceding paragraph may be exercised
at the time of completing the application for pension in the form prescribed for the
purpose (Form 5), i.e., about eight months prior to
attaining the age of superannuation. if no option is exercised within the aforesaid
period, the Government servant concerned shall be deemed to have opted for the alternative
(a) of sub-rule (1) of Rule
18 of the CCS (Pension) Rules, 1972, in which case he will draw pensions for both
spells of service separately.

5. The provisions of paragraphs 2, 3 and 4 above shall also apply to
a military pensioner who is re-employed in a civil service or civil post and completes not
less than 20 (now 10) years' temporary service before attaining the age of superannuation.
Such a pensioner will exercise option under Rule 19 of the
CCS (Pension) Rules, 1972, in the right of the position stated in paragraphs
2,3 and 4 above.

(1) A Government servant who is re-employed in a civil service or
post before attaining the age of superannuation and who, before such re-employment, had
rendered military
service, may, on his confirmation in a civil
service or post, opt either -

(a)

to continue to draw the military pension or
retain gratuity received on discharge from military service, in which case his former
military services shall not count as qualifying service; or

and count previous military service as qualifying service, in which case the service so
allowed to count shall be restricted to a service within or outside the employee's unit or
department in India or elsewhere which is paid from the Consolidated Fund of India or for
which pensionary contribution has been received by the Government :

Provided that -

(i)

the pension drawn prior to the date of re-employment shall
not be required to be refunded.

(ii)

the element of pension which was ignored for fixation of his
pay including the element of pension which was not taken into account for fixation of pay
on re-employment shall be refunded by him,

(iii)

the element of pension equivalent of gratuity including the
element of commuted part of pension, if any, which was taken into account of fixation of
pay shall be set off against the amount of 1[retirement
gratuity] and the commuted value of pension and the balance, if any, shall be refunded by
him.

EXPLANATION. - In this clause, the expression `which was taken
into account' means the amount of pension including the pension equivalent of gratuity
by which the pay of the Government servant was reduced on initial re-employment, and the
expression `which was not taken into account' shall be construed accordingly.

(2)

2(a)

The authority issuing the order of substantive appointment to a civil
service or post as is referred to in sub-rule (1) shall along with such order require in
writing the Government servant to exercise the option under that sub-rule within three
months of date of issue of such order, if he is on leave on that day, within three months
of his return from leave, whichever is later and also bring to his notice the provisions
of Clause (b).

If no option is exercised within the period referred to in Clause (a), the
Government servant shall be deemed to have opted for Clause (a) of sub-rule (1)

(3)

(a)

A Government servant, who opts for Clause (b) of sub-rule (1) shall be
required to refund the pension, bonus or gratuity received in respect of his earlier
military service, in monthly instalments not exceeding thirty-six in number, the first
instalment beginning from the month following the month in which he exercised the option.

(b)

The right to count previous service as qualifying service shall not revive
until the whole amount has been refunded.

(4) In the case of a Government servant, who, having elected to
refund the pension, bonus or gratuity, dies before the entire amount is refunded, the
unrefunded amount of pension or gratuity shall be adjusted against the 3[death gratuity] which may become payable to his
family.

(5) When an order is passed under this rule allowing previous
1[ ] military service to count
as part of the service qualifying for civil pension, the order shall be deemed to include
the condonation of interruption in service, if any, in the military service and between
the military and civil services.

(1)
Re-employed military pensioners should exercise option under Rule 19 (1) within one year
from the date of re-employment. - Under Rule 19 (1) of
the CCS (Pension) Rules, 1972, a Government servant who is re-employed in a civil service
or post is required to give an option at the time of his confirmation in the civil post
whether he would like to get past military service counted for pension in the civil post
whether he would like to get past military service counted for pension in the civil post
or service. The Government had issued orders vide OM No. 38/16/Pension Unit/80, dated the
30th December, 1980, allowing the Government servants to get pension after completion of
twenty years of service either on invalidation or superannuation. In pursuance of
Government decisions on the recommendations of the Fourth Central Pay Commission, the
Government has further decided vide OM No. 2/4/87-PIC, dated the 14th April, 1987, that a
Government servant will get pension under the CCS (Pension) Rules, either on
superannuation or on invalidation after rendering ten years of temporary service in the
Government. In view of the relaxation allowed recently to temporary Government servants,
the matter has been engaging attention of the Government to allow benefit under Rule 19 (1) of
the CCS (Pension) Rules, 1972, also to Government servant who retire on superannuation
without confirmation. It has been decided that all those Government servants who retire on
superannuation or invalidation without confirmation after rendering not less than ten
years of combined military and civil service shall be entitled to the benefit of counting
of service under Rule
19 (1). The provision of Rule 19 (1) may
be deemed to have been modified accordingly. Necessary amendment to the Rule will be
issued in due course.

2. It has also been decided that a Government servant
applying for counting of service under Rule 19 (1) may
be allowed to exercise option for the same within a period of one year from the date of
joining the civil service or post. The refund of pension, gratuity, etc., already drawn by
such Government servants from the Military authorities shall be refunded to the Government
with interest from the date of their joining the civil service. The rate of interest would
be simple interest at 6% per annum [Now rate of interest as applicable to GPF
deposits refer to DP&PW's
O.M.No.38/34/2001-P&PW (F) dated 29-04-2002] The other conditions as mentioned under
Rule 19 of the
CCS (Pension) Rules, will remain unaltered.

3. In order to facilitate compliance with the
requirement of exercising option in time, it has been further decided that the
administrative authorities concerned should incorporate in the order of re-employment
itself a clause to the effect that if the re-employed ex-serviceman desires to take
advantage of the retirement benefits based on combined military and civil services, he
should exercise option within a period of one year from the date of his re-employment.

(2) Counting
of service in the case of civilians working in lieu of combatants. - It has been
decided that the service rendered by the civilians working in lieu of combatants in the
three Service Headquarters and other Defence Establishments will count for pension when
followed by other pensionable civil service, in the same manner as extra-temporary
establishment/casual service, subject to the normal conditions for counting casual service
when followed by pensionable civil service being fulfilled.

(3) Counting of service in the
case of Ex-DSC personnel. - It has been decided that ex-Defence Security Corps
personnel of their re-employment in any civil post will be permitted to count in full of
the former service rendered by them in the Defence Security Corps for the purpose of
pension and gratuity.

(4)
Counting of non-regular/purely temporary military service for civil pension. - Continuous
military (non-regular/purely temporary) service not rendered in conjunction with war
service in the Army, the Navy and the Air Force will count in full towards civil pension
if such service is followed without interruptions by appointment to and eventual
confirmation in a pensionable post in civil service. The grant of this concession is
subject to the following conditions :-

(1)

The officer concerned should not have earned a pension under
the military rules in respect of the service in question.

(2)

In the case of services or posts in respect of which a
minimum age is fixed for recruitment, no military service rendered below that age shall be
allowed to count for pension.

(3)

If the officer has been granted any retirement gratuity in
respect of such service, such gratuity shall be refundable.

The position is that, in the Defence Services there are no
non-pensionable establishments and the service officers/personnel are either on regular or
non-regular terms. Those who are on regular terms are entitled to
pension/gratuity after rendering the prescribed periods of service and others who are not on
regular terms are entitled to gratuity as admissible under the rules/orders in accordance
with which they are engaged. Non-regular Military service when followed by service on
regular terms counts for Military pension. In the circumstances, the service which is
shown as non-pensionable/war time engagement is in fact non-regular (purely temporary)
military service and will be allowed to count towards civil pension.

(1) A Government servant who, prior to his appointment in a civil
service or post against war reserved or other permanent vacancy which arose for direct
recruitment before the 1st January, 1948, had rendered satisfactory paid whole-time,
enlisted or commissioned war service in the Armed Forces of India or in similar forces of
a Commonwealth country during the period from the 3rd September, 1939 to the 1st April,
1946, which did not earn a service pension under the military rules, shall be allowed to
count such service, including all kinds of leave on full rates of pay and sick leave taken
during such service, as qualifying service, subject to the following conditions, namely :-

(a)

in the case of a service or post in respect of which a
minimum age is fixed for recruitment, no war service rendered below that age shall count
as qualifying service ;

(b)

no contribution towards or share of pension earned as a
result of counting war service rendered in a force of a Commonwealth country shall be
claimed from the Government of that country ;

(c)

no refund of bonus or gratuity in respect of war service
shall be demanded from the Government servant concerned.

(2) War service rendered by a Government servant who was appointed
substantively to a civil service or post against vacancies which arose after the 31st
December, 1947, shall, subject to the conditions specified in sub-rule (1), be treated as
military service as provided in Rule 19.

All leave during service for which leave salary is payable
1[and all extraordinary leave granted on medical
certificate] shall count as qualifying service :

Provided that in the case of extraordinary leave 1[other than extraordinary leave granted on
medical certificate] the appointing authority may, at the time of granting such leave,
allow the period of that leave to count as qualifying service if such leave is granted to
a Government servant -

due to his inability to join or rejoin duty on account of civil commotion,
or

(ii)

for prosecuting higher technical and scientific studies.

Extraordinary leave taken on other grounds is treated as non-qualifying and, therefore,
a definite entry is to be made in the service records to that effect. Entries regarding
service being qualifying or otherwise are required to be made simultaneously with the
event. Even where this is not done, it should still be possible to rectify the omission
during the period allowed for preparatory action, i.e., from two years in advance of the
retirement date up to eight months before retirement. At the end of that period, however
(i.e., when the actual preparation of the pension papers is taken in hand), no further
enquiry into past events or check of past records should be undertaken. Specific entries
in the service records regarding non-qualifying periods will be taken note of and such
periods excluded from the service. All spell of extraordinary leave not covered by such
specific entries will be deemed to be qualifying service.

(2) Counting of
leave taken during military service for civil pension. - Doubts have been
expressed in regard to the extent to which leave taken during military service should
count for civil pension. The intention is that, leave taken during military service counts
as service for civil pension to the extent to which such leave would count as service for
the purpose of pension if the officer concerned had been a temporary civil employee
throughout.

2. The request made by the Staff Side of the National
Council (JCM) has been examined and it has now been decided that in respect of Groups `C'
and `D' employees, who are required to undergo departmental training relating to jobs
before they are put on regular employment, training period may be treated as qualifying
service for pension, if the training is followed immediately by an appointment. This
benefit will be admissible to all Groups `C' and `D' employees even if the officers
concerned are not given the scale of pay of the post but only a nominal allowance.

3. The Ministry of Finance, etc., are requested to bring
the above decision to the notice of all officers working under them including those in the
attached and subordinate offices for their guidance.

4. These orders come into force with effect from 22nd
December, 1983.

5. Benefit of these orders will be available to all
those employees who retired on or after 22nd December, 1983.

6. No restriction is imposed on the admissibility of the
above benefit to the employees who were recruited in `C' and `D' posts but retired from
Groups `A' and `B' posts.

Time passed by a Government servant under suspension
pending inquiry into conduct shall count as qualifying service where, on conclusion of
such inquiry, he has been fully exonerated or the suspension is held to the wholly
unjustified ; in other cases, the period of suspension shall not count unless the
authority competent to pass orders under the rule governing such cases expressly declares
at the time that is shall count to such extent as the Competent Authority may declare.

(1) Need of making
proper entries of counting of periods of suspension. -Rule 23 of the CCS (Pension) Rule,
1972, requires that in cases other than those in which suspension has been held to be
wholly unjustified, the Competent Authority should at the appropriate time declare whether
and to what extent the period of suspension will count towards the qualifying service.
Specific entries in this regard in the service book/records will be taken note of at the
time of reckoning qualifying service. In the absence of any specific entry, period of
suspension shall be taken as counting towards the qualifying service.

(2) Suspension
should be held wholly unjustified when the proceedings end with minor penalty. - The
Staff Side of the Committee of the National Council set up to review the CCS (CCA) Rules,
1965, had suggested that in cases where a Government servant, against whom an inquiry has
been held for the imposition of a major penalty, is finally awarded only a minor penalty,
the suspension should considered unjustified & full Pay & Allowances
paid for suspension period. Government have accepted this suggestion of the Staff Side.
Accordingly, where departmental proceedings against a suspended employee for the
imposition of a major penalty finally end with the imposition of minor penalty, the
suspension can be said to be wholly unjustified in terms of FR 54-B and the employee
concerned should, therefore, be paid full pay and allowances for the period of suspension
by passing a suitable order under FR 54-B.

2. These orders will become effective from 3rd December,
1985. Past cases already decided need not be reopened.

(1) A Government servant who is dismissed, removed or
compulsorily retired from service, but is reinstated on appeal or review, is entitled to
count his past service as qualifying service.

(2) The Period of interruption in service between the
date of dismissal, removal or compulsory retirement, as the case may be, and the date of
reinstatement, and the period of suspension, if any, shall not count as qualifying service
unless regularized as duty or leave by a specific order of the authority which passed the
order of reinstatement.

(1) Resignation from a service or a post, unless it is
allowed to be withdrawn in the public interest by the appointing authority, entails
forfeiture of past service.

(2) A resignation shall not entail forfeiture of past
service if it has been submitted to take up, with proper permission, another appointment,
whether temporary or permanent, under the Government where service qualifies.

(3) Interruption in service in a case falling under
sub-rule (2), due to the two appointments being at different stations, not exceeding the
joining time permissible under the rules of transfer, shall be covered by grant of leave
of any kind due to the Government servant on the date of relief or by formal condonation
to the extent to which the period is not covered by leave due to him.

(4) The appointing authority may permit a person to
withdraw his resignation in the public interest on the following conditions, namely :-

(i)

that the resignation was tendered by the Government servant
for some compelling reasons which did not involve any reflection on his integrity,
efficiency or conduct and the request for withdrawal of the resignation has been made as a
result of a material change in the circumstances which originally compelled him to tender
the resignation ;

(ii)

that during the period intervening between the date on which
the resignation became effective and the date from which the request for withdrawal was
made, the conduct of the person concerned was in no way improper ;

(iii)

that the period of absence from duty between the date on
which the resignation became effective and the date on which the person is allowed to
resume duty as a result of permission to withdraw the resignation is not more than ninety
days ;

(iv)

that the post, which was vacated by the Government servant on
the acceptance of his resignation or any other comparable post, is available.

(5) Request for withdrawal of a resignation shall not be accepted by
the appointing authority where a Government servant resigns his service or post with a
view to taking up an appointment in or under a private commercial company or in or under a
corporation or company wholly or substantially owned or controlled by the Government or in
or under a body controlled or financed by the Government.

(6) When an order is passed by the appointing authority allowing a
person to withdraw his resignation and to resume duty, the order shall be deemed to
include the condonation of interruption in service but the period of interruption shall
not count as qualifying service.

1[(7) A resignation
submitted for the purpose of Rule
37 shall not entail forfeiture of past service under the Government.]

(1) When resignation a
technical formality and when it subsists. - A Government servant intending to
apply for a post or posts outside his parent office/departmentunder the Government
of India should have his application forwarded through the competent authority under whom
he was serving at the time of applying for the post. Such an authority should either
forward the application or withhold it according as the exigencies of public service may
indicate but it should not forward the application conditionally, for example, that in the
event of the applicant coming out successful, he will the required to resign his post
before taking up the new one. Once the application has been forwarded unconditionally and
the person concerned is offered the post applied for, he should be relieved of his duties
to join the new post as a matter of course and the question of his resigning the
post held by him in such circumstances should not arise. Accordingly the amended
article is intended to cover the cases where even though the applications were forwarded
by the competent authority, the applicant had been asked for one reason or the other to
resign his post before taking up the new one. The above position holds good whether the
Government servant held the post in permanent or temporary capacity, before resigning the
post.

Situations may arise where the application of a
Government servant was not forwarded and the Government servant resigned his appointment of his own
volition with a view to his taking up the new post or where it was not possible to forward
his application in the public interest but the Government servant had volunteered to
resign his post or where the conditions of service in an office demand as a matter of
policy that the Government servant should resign his post in the event of his taking up
another post outside. In all such cases, it has been held that resignation of public
service will subsist and entail forfeiture of past service.

It has been decided that in cases where Government
servants apply for posts in the same or other departments through proper channel and on
selection, they are asked to resign the previous posts for administrative reasons, the
benefit of past service may, if otherwise admissible under rules, be given for purposes of
fixation of pay in the new post treating the resignation as a `technical formality'. The
pay in such cases may be fixed under FR 27.

According to M.H.A., O.M. NO. 60/37/63-Ests. (A), dated
the 14th July, 1967 (not printed), permanent/quasi-permanent Central Government servant
appointed under another Central Government department has to resign from his parent
department unless he reverts to that Department within a period of two years (three years
in exceptional cases) of his appointment in the other department. The Government of India
have been considering whether this resignation should entail forfeiture of past service
for purpose of leave and pension of the Government servant concerned. It has been decided
that such a resignation should be deemed to be resignation within the meaning of Article
418 (b) of CSRs [Rule 26
(2) of CCS(P) Rules,1972] for
pension. As a consequence of this decision, continuity of service benefit should be
allowed in the matter of leave also.

1. Format of resignation. - Resignation is an
intimation in writing sent to the competent authority by the incumbent of a post, of his
intention or proposal to resign the office/post either immediately or from a future
specified date. A resignation has to be clear and unconditional.

2. Circumstances under which resignation should be
accepted. - It is not in the interest of Government to retain an unwilling Government
servant in service. The general rule, therefore, is that a resignation of a Government
servant form service should be accepted, except in the circumstances indicated below :-

(i)

Where the Government servant concerned is engaged on work of
importance and it would take time to make alternative arrangements for filling the post,
the resignation should not be accepted straightaway but only when alternative arrangements
for filling the post have been made.

(ii)

Where a Government servant, who is under suspension, submits
a resignation, the competent authority should examine, with reference to the merit of the
disciplinary case pending against the Government servant, whether it would be in the
public interest to accept the resignation. Normally, as Government servants are placed
under suspension only in cases of grave delinquency, it would not be correct to accept a
resignation from a Government servant under suspension. Exceptions to this rule would be
where the alleged offences do not involve moral turpitude or where the quantum of evidence
against the accused Government servant is not strong enough to justify the assumption that
if the departmental proceedings were continued, he would be removed or dismissed from
service, or where the departmental proceedings are likely to be so protracted that it
would be cheaper to the public exchequer to accept the resignation.

In those cases where acceptance of resignation
is considered necessary in the public interest, the resignation may be accepted with the
prior approval of the Head of the Department in respect of Groups `C' and `D' posts and
that of the Minister-in-charge in respect of holders of Groups `A', and `B' posts. In so
far as officers of Groups 'A','B','C' and 'D' cadres of the Indian Audit and Accounts Department are concerned,
the resignation may be accepted by the Heads of Departments as designated by
the Comptroller and Auditor-General of India. Concurrence of the Central Vigilance
Commission should be obtained before submission of the case to the
Minister-in-charge/Comptroller and Auditor-General, if the Central Vigilance Commission
had advised initiation of departmental action against the Government servant concerned or
such action has been initiated on the advice of the Central Vigilance Commission.

3. A resignation becomes effective when it
is accepted and the Government servant is relieved of his duties. If a Government servant
who had submitted a resignation, sends an intimation in writing to the appointing
authority withdrawing his earlier letter of resignation before its acceptance by the
appointing authority, the resignation will be deemed to have been automatically withdrawn
and there is no question of accepting the resignation. In case, however, the resignation
had been accepted by the appointing authority and the Government servant is to be relieved
from a future date, if any request for withdrawing the resignation is made by
the government servants before he is actually relieved of his duties, the normal
principal should be to allow the request of the government servant to withdraw
the resignation. If, however, the request for
withdrawal is to be refused, the grounds for the rejection of the request should be duly
recorded by the appointing authority and suitably intimated to the Government servant
concerned.

4. Rules governing temporary Government servants. - Since
a temporary Government servant can sever his connection from Government service by giving
a notice of termination of service under Rule 5 (1) of the Central Civil Services (TS)
Rules, 1965, the instructions contained in this Office Memorandum relating to acceptance
of resignation will not be applicable in cases where a notice of termination of service
has been given by a temporary Government servant. If, however, a temporary Government
servant submits a letter of resignation in which he does not refer to Rule 5 (1) of the
CCS (TS) Rules, 1965, or does not even mention that it may be treated as a notice of
termination of service, he can relinquish the charge of the post held by him only after
the resignation is duly accepted by the appointing authority and he is relieved of his
duties and not after the expiry of the notice period laid down in the Temporary Service
Rules.

5. Withdrawal of resignation - statutory rule
regulating cases of withdrawal of resignation from Government service. - The procedure
for withdrawal of resignation after it has become effective and the Government servant had
relinquished the charge of his earlier post, are governed by the statutory provisions in
sub-rules (4) to (6) of Rule 26 of the
CCS (Pension) Rules, 1972, which corresponds to Article 418 (b) of the Civil Service
Regulations.

6. Since the CCS (Pension) Rules, 1972, are
applicable only to holders of permanent posts, the above provisions would apply only in
the case of a permanent Government servant who had resigned his post. The cases of
withdrawal of resignation of permanent Government servants which involve relaxation of any
of the provisions of the above rules will need the concurrence of the Ministry of
Personnel, Public Grievances and Pensions, as per Rule
88 of the CCS (Pension) Rules, 1972.

7. Release of Government servants for appointment in
Central Public Enterprises. - A Government servant who has been selected for a post in
a Central Public Enterprise/Central Autonomous Body may be released only after obtaining
and accepting his resignation from the Government service. Resignation from Government
service with a view to secure employment in a Central Public Enterprise with proper
permission will not entail forfeiture of the service for the purpose of
retirement/terminal benefits. In such cases, the Government servant concerned shall be
deemed to have retired from service from the date of such resignation and shall be
eligible to receive all retirement/terminal benefits as admissible under the relevant
rules applicable to him in his parent organization.

8. When resignation is a 'technical formality'. - In
cases where Government servants apply for posts in the same or other departments through
proper channel and on selection, they are asked to resign the previous posts for
administrative reasons, the benefit of past service may, if otherwise admissible under
rules, be given for purposes of fixation of pay in the new post treating the resignation
as a `technical formality'.

OFFICE MEMORANDUM

Under
Article 418 (b) of CSRs [now Rule 26 (2) of CCS (P) Rules, 1972] resignation of
an appointment to take up, with proper permission, another appointment, whether
permanent or temporary, service in which counts in full or in part, is not
resignation from public service.A
question has been raised whether in such cases a separate sanction should be
issued indicating that resignation has been accepted under the above provisions,
in order to enable the Audit/Administrative Officer to regulate the
consequential benefits in the matter of pay fixation, carry forward of leave,
pension etc.The matter has been
considered in consultation with the Comptroller and Auditor General and it has
been decided that in cases of the above type the order accepting the resignation
should clearly indicate that the employee is resigning to join another
appointment with proper permission and that the benefits under CSR 418 (b) [Now
Rule 26(2) of Central Civil Services (Pension) Rules, 1972] will be admissible
to him.The contents of the above
order should also be noted in the service books of the individuals concerned
under proper attestation.The issue
of any separate sanction has not been considered necessary.

OFFICE MEMORANDUM

The undersigned is directed to refer to this Ministry’s Office
Memorandum of even No. dated the 4th December, 1971 and to say that a
question has been raised whether the instructions contained in the aforesaid
Office Memorandum will also apply to cases decided beforethe date ofissue ofthese instructions.It has
been decided that an entry may be made in the Service Book of the Government
Servant concerned under proper attestation as laid down in the aforesaid
instructions in past cases also where it has been decided to allow the benefits
of Article 418 (b) [Now Rule 26(2) of Central Civil Services (Pension) Rules,
1972] ofthe CSRs.

2.In so far as the
employees of the Indian Audit and Accounts Service are concerned, these orders
issue in consultation with the Comptroller and Auditor General of
India
.

(ii)requests from officials against
whom inquiry/investigation is pending (whether he hadbeen placedunder
suspension or not) for resignation, have been acceptedwithoutinsisting on
vigilance clearance and subsequently it comes to light that the said official
while in service had beeninvolvedin seriousirregularities.

In view of this, it has now been decided that in all cases ofacceptanceof resignation,
the Competent Authority, shall insist, as a mandatory measure, onprior vigilance clearance, beforetakingdecision on the request for resignation.When an authority refers a case for vigilance clearance, the authority
competent to accord vigilance clearance should ensure expeditious consideration
of the request.

(5)Check-list of points for consideration of cases of
resignation.¾
For the purpose of expeditious disposal of cases of resignation from Government
service including notices given by temporary Government servants under Rule 5 of
CCS (TS) Rules, the following check-list of points with reference to which such
cases may be examined has been prescribed by the Government.

CHECK-LIST
OFPOINTS FOR CONSIDERATION

Part-I-General Information

1.Name and present designation

2.Post held including name of establishment:

(i) Substantive

(ii) Officiating

3.Any post, other than the present appointment, held during 6 months prior
to the month in which resignation is tendered

4.Permanent residential address

Part-II –
Points to be checked up before accepting resignation

5. The date on
which the Government servantwants to be
relieved from service

6.(i)Whether any inquiry or
investigation ordisciplinary case
is pending orcontemplated

(ii)Whether under suspension

7. Whether the Government servant concerned has executed any Bond
for serving the Government for a specified number of years on account of his
being given specialised training, fellowship/ scholarship for studies or deputed
for training whether in India or abroad, and if so, the Bond period is over

8. Time required for filling up the post and/ormaking alternative arrangements

Part-III
¾ If the resignation is accepted, points to be checked up
before relieving the Governmentservant

10.
Whether alternative arrangements have been made for discharge of the duties of
the post including arrangements for taking over charge of cash/stores in the
custody of Government servant (wherever applicable).

Controlling Officer:

11.
Whether the Government servant has surrendered and obtained ‘No Demand
Certificates’ in respect of ¾

(v)Headgear set and locker in
case of TO and other tools in case of other cadres

12.Arrangement made for recovery of outstanding advance/loans, if any, taken
or any other category of dues, viz.,¾

(i)Training allowance paid to the official

(ii)House Building Advance

(iii)Advance
for purchase of Motor Car/
Motor Cycle/Scooter/Cycle

(iv)Festival
Advance/Flood Advance

(v)Any other dues, such as ¾

(a)Amounts due to be recovered from
or settled by, the employeein respect of
money/materialentrusted to him in
the course ofhis official duties in
this or earlierposts

(b)Recoveries orderedto be made
as aresult ofdisciplinary
proceedings

13.Whether the Government servant is
in occupation of Government accommodation. If so, whether the dues in respect of
such accommodation (including electrical appliances, etc.) been settled and a No
Demand Certificate obtained.

14. Whether accounts in respect of
water andelectricity charges in
respect of Governmentaccommodation
held by the Government servanthave been
settled with the concerned Muncipality/Corporation.

15.
In case where the Government servant has notbeen in occupation of any Government residentialaccommodation during the service, whether ‘NoDemand Certificate’ has been issued by the Ministry/Department as
required in Ministry of W.H. & R. Memo. No.15-362-ACC.I, dated the 19th
October, 1963.

16.
Whether any cash deposit/security of sufficient value has been taken where it is
not found possible to make a correct assessment of the dues immediately.

17.
Leave sanctioned to the official from previoushalf-year and any leave sanctioned extra, if soleave salary paid. The Personal File and ServiceBook may also be forwarded

(1) An interruption in the service of a Government
servant entails forfeiture of his past service, except in the following cases :-

(a)

authorized leave of absence ;

(b)

unauthorized absence in continuation of authorized leave of
absence so long as the post of absentee is not filled substantively ;

(c)

suspension, where it is immediately followed by
reinstatement, whether in the same or a different post, or where the Government servant
dies or is permitted to retire or is retired on attaining the age of compulsory retirement
while under suspension ;

(d)

transfer to non-qualifying service in an establishment under
the control of the Government if such transfer has been ordered by a competent authority
in the public interest ;

In the absence of a specific indication to the contrary in
the service book, an interruption between two spells of civil service rendered by a
Government servant under Government including civil service rendered and paid out of
Defence Services Estimates or Railway Estimates shall be treated as automatically condoned
and the pre-interruption service treated as qualifying service.

(b)

Nothing in Clause (a) shall apply to interruption caused by
resignation, dismissal or removal from service or for participation in a strike.

(c)

The period of interruption referred to in Clause (a) shall
not count as qualifying service.

(1) Opportunity
of representation to be given to Government servant before making entry in
service book regarding forfeiture of past service. -FR 17-A provides
that a period of an unauthorized absence, in the category of cases mentioned
therein, shall be deemed to cause an interruption or break in the service off
the employee, unless otherwise decided by the competent authority for certain
purposes. An order passed by the P & T authorities in the case of some of
their employees invoking FR 17-A was struck down by the Lucknow Bench of
Allahabad High Court on the ground that issue of such an order without giving a
reasonable opportunity of representation and being heard in person, if so
desired, to the person concerned, would be against the principle of natural
justice. In this Department's OM of even number, dated 20/23-5-1985 [Order
No.(2) below ], it was accordingly brought to the notice of all
Ministries/Departments that an order under FR 17-A, etc., should be preceded by
extending to the person concerned a reasonable opportunity of representation and
being heard in person, if so desired by him/her.

2. The Committee on Subordinate Legislation of
Rajya Sabha which examined the provision of Rule
28 of the CCS (Pension) Rules, 1972, has recommended that opportunity of
representation should be given to the Government employee before making entry in
the Service Book regarding forfeiture of past service because of his
participation in strike. While giving evidence before it, the Committee has been
assured that the provisions of this Department's OM of even number, dated
20/23-5-1985, will be strictly adhered to in each and every case falling within
the scope of Clause (b) of Rule
28 of the CCS (Pension) Rules, 1972.

3. These instructions are, therefore, brought
to the notice of the various Ministries/Departments of the Government of India
for careful compliance.

(2)Reasonable
opportunity to be given before invoking the penal provision.– FR 17-A provides that a
periodof anunauthorized absence, in the category ofcases mentioned therein, shall be deemed to cause an interruption or
break in the service of the employees, unless otherwise decidedby the competent authority for certain purposes.An orderpassedby theP & Tauthorities in the case ofsomeoftheir employees, invoking
FR 17-A was struck down by the Lucknow Bench ofAllahabad High Court on the groundthat
issue ofsuch an order without
givinga reasonableopportunity ofrepresentation
and being heard in person, if so desired, to the person concerned, would be
against the principle ofnatural
justice.The question ofamendingFR 17-A as also Rule
28 ofthe CCS (Pension) Rules and SR
200 is underconsideration in
consultation with the Ministry ofLaw.

2.The above position is
brought to the notice ofall
Ministries/Departments so that if there are occasionsfor invoking FR 17-A, etc., they may keep in mind the proceduralrequirement that an order under FR
17-A, etc., shouldbe preceded by
extendingto the person concerned a
reasonable opportunity ofrepresentation
and beingheard in person if so
desiredby him/her.

The
Committee on SubordinateLegislation
ofRajya Sabha which examined the
provision ofRule 28 ofthe CCS (Pension) Rules, 1972, has recommended that opportunity ofrepresentation should be given to the Government employee before making
entry in the Service Book regarding forfeitureofpast service because ofhis participation in strike.While
giving evidence before it, the Committee has been assuredthat the provisions ofthe
above orderwill be strictly adhered
to in each and every case falling within the scope ofClause (b) ofRule 28 ofthe CCS (Pension) Rules, 1972.

These
instructions are, therefore, brought to the noticeofthe various
Ministries/Departments ofthe
Government ofIndia for careful
compliance.

"29-A - Ex-gratia under Special Voluntary Retirement Scheme- A
permanent Government servant, who on being declared surplus to the establishment
in which he was serving, opts for Special Voluntary Retirement Scheme, shall be
entitled for determination of ex-gratia in addition to the pension."

A Government servant who is deputed on foreign service
to the United
Nations `Secretariat or other United Nations' Bodies or the International Monetary Fund
or the
International Bank of Reconstruction and Development, or the
Asian Development Bank or the Commonwealth Secretariat or any other
International organization and who becomes entitled for pensionary
benefits from that Organization, may at his option, -

(a)

pay the pension contributions in respect of his foreign
service and count such service as qualifying for pension under these rules ; or

(b)

avail the retirement benefits admissible under the rules
of the aforesaid organization and not count such service as qualifying for pension under
these rules :

Provided that where a Government servant opts for Clause (b),
retirement benefits shall be payable to him in India in rupees from such date and in such
manner as the Government may, by order, specify :

Provided further that pension contributions, if any, paid
by the Government servant, shall be refunded to him".

(1) On a Government
servant completing [eighteen years
]*of service [and]^ on his being left with five years of
service before the date of retirement, whichever is earlier, the Head of Office in
consultation with the Accounts Officer shall, in accordance with the rules for the time
being in force, verify the service rendered by such a Government servant, determine the
qualifying service and communicate to him, in Form 24, the period of qualifying
service so determined. substituted vide

^[(1A) For the purposes of verification of service, the Head of Office shall
follow the procedure provided in clause (a) of rule 59.]

(2) Notwithstanding anything contained in sub-rule (1), where a
Government servant is transferred to another department from a temporary department or on
account of the closure of the department he had been previously serving or because the
post he held had been declared surplus, 1[
] the verification of his service may be done whenever such event occurs.

2(3) The verification
done under sub-rules (1) and (2) shall be treated as final and shall not be reopened
except when necessitated by a subsequent change in the rules and orders governing the
conditions under which the service qualifies for pension.

(1) Strict compliance of the
requirements of sub-rule (1). - Sub-rule (1) of Rule
32 of the CCS (Pension) Rules, 1972, provides that on a Government servant completing
twenty-five years of service, or on his being left with five years of service before the
date of retirement, whichever is earlier, the Head of Office in consultation with the
Accounts Officer, shall, in accordance with the rules for the time being in force, verify
the service rendered by such a Government servant, determine the qualifying service and
communicate to him, in Form 24,
the period of qualifying service so determined.

Even though these provisions have statutory force, it
is noticed that the qualifying service is not invariably communicated to the Government
servant as required under the rules. All Ministries/Departments, etc., are requested to
bring these provisions to the notice of Heads of Offices for strict compliance. If the
Head of Office does not comply with the requirements of the aforesaid rule or in case any
mistake in the calculation of qualifying service is detected later, the Head of Office
will be held personally accountable.

Ministry of Agriculture, etc., may take all measures to
ensure that Head of Offices in fact follow the rules as above and to take up cases of
default by the Heads of Offices with a view to fixing personal responsibility.

The Study Team came to the conclusion that verification of
qualifying service takes a lot of time in the absence of proper entries and verification
of service recorded in the service book. The Study Team, therefore, recommended
verification of qualifying service should be done as provided in the statutory rules.